With the increase in online shopping comes an obvious increase in the number of complaints regarding delivery of goods – whether this is non-delivery or delivery of damaged items. So where do you stand?
The first point to distinguish is whether you ordered the goods under a distance selling contract, or whether you arranged delivery after buying them in a shop, as this will affect your consumer rights. If it was an internet or mail order purchase, you may also like to refer to our sections on distance selling and buying online.

The goods still haven’t arrived

Under the distance selling regulations, the goods must be delivered within the time period they have specified. If no time period is specified, then the statutory time limit is 30 days (unless you have agreed otherwise). If the supplier is unable to do this, they must inform you before the end of the 30 day deadline. They may offer you an alternative date for delivery, but you are under no obligation to accept and can ask for a full refund. For other purchases, Sale of Goods only refers to ‘reasonable time’. If you fear you’ve been the victim of fraud, refer to ‘getting your money back’ at the end of this section.

The goods have arrived damaged

As you might expect, the supplier is under obligation to ensure the goods are well protected while they are in transit. The supplier must also make sure the delivery company/courier are aware that the goods are fragile or if they are to be kept or carried in a certain way. If they do not, they will be liable for any damage occurred in transit.

It is common for traders to sidestep liability by saying that you signed for them. A delivery note (as the name suggests) indicates merely that the product has been delivered and not that they have been accepted. If there is a problem with the goods, you may still reject them, particularly if you haven’t previously had a chance to examine them in person. With some items you will be asked to inspect the goods there and then and sign a form to say that they have arrived in satisfactory condition. The law states that you should have reasonable opportunity to examine the goods for yourself, so you could argue that ‘there and then’ is not reasonable and opt not to sign the form. You should however look at the supplier’s Ts and Cs to see whether they have imposed any time limit on reporting faults – although in line with the law, this should be reasonable.

It should be pointed out that if you did have the chance to examine the goods while they still in the shop, and you spot something wrong when it arrives that you should have spotted when you examined it, you may not be able to reject it. Although in reality, most shops will show some good will if you simply want to exchange it for another one.

Sending the goods back

Unless you have bought the goods under a distance selling contract, you won’t have any legal right to send the goods back if you have simply changed your mind. You should refer to that retailer’s return policy and will probably have to pay postage. If the goods have arrived damaged, and you have been offered requested a repair or a replacement, you should not have to pay any further sums of money in this respect. This includes labour, materials or postage. The repair / replacement should take place in ‘reasonable time’ and you should not experience any ‘significant inconvenience’, while you are without it/them. For more on this, see our section on Sale of Goods and Returning Damaged or Faulty Goods.

In all respects, you will have greater rights if you had bought them under a distance contract (online, mail order). This is because you didn’t have the opportunity to examine them before they were shipped – to see if they are:

• Of satisfactory quality
• As described
• Fit for intended purpose
• Appropriate to your requirements

With this in mind you will have a 7-day cooling off period, during which time you can cancel the contract and get your money back in full (including delivery charges). Unless otherwise specified (for certain types of products), you should be able to send the items back for free, and not incur any additional charges such as a restocking or admin fee. Although many retailers will request products to be returned in a saleable condition in their original packaging, they cannot make it a condition of giving you a refund. For more on returns and refunds under a distance selling contract, see our sections on distance selling and buying online.

Getting your money back

Under Sale of Goods, if the goods are poor quality, unfit or not as described, you may be eligible for an immediate refund, although no definitive timescale is mentioned beyond ‘reasonable time’. Under a distance selling contract, your 7 day cooling off period entitles you to a refund within 30 days. If you have not received the goods and suspect you may have been the victim of fraud, you can take it up with your credit card company (provided you paid on credit card and certain conditions are met), or invoke the Visa Debit Chargeback procedure. If the supplier becomes insolvent before your goods or services are delivered, you may have little recourse other than to be added to a list of creditors.

Frequently Asked Questions

1. What should I do if goods arrive damaged?
   Contact the retailer immediately with photos or videos as evidence.
   Example: If an Ikea MALM bed arrives scratched, send photos to Ikea’s customer service and request a replacement or refund.
2. Who is responsible for goods damaged in transit?
   The retailer is responsible until the goods are delivered to you.
   Example: If a Dell laptop ordered from Currys arrives with a cracked screen, Currys must resolve the issue, even if the courier caused the damage.
3. What if the retailer blames the courier for the damage?
   Legally, the retailer is accountable and cannot shift responsibility.
   Example: If a Dyson vacuum bought from Argos is damaged in transit, Argos must arrange a replacement or refund, regardless of the courier’s fault.
4. Can I refuse delivery if the item is damaged?
   Yes, you can reject the delivery and ask for a replacement or refund.  It is always worth documenting refusal for added consumer protection.
   Example: If Argos delivers a Samsung washing machine with a dent, refuse it and contact Argos.
5. Do I have to pay for returning damaged goods?
   No, the retailer must cover all return costs for faulty or damaged items.
   Example: If a Kenwood mixer bought from Amazon is delivered with missing parts, Amazon must arrange and pay for the return.
6. What if the retailer refuses to collect faulty goods?
   Insist they arrange collection as they are legally responsible.
   Example: If Wayfair declines to collect a damaged La-Z-Boy recliner, escalate to Trading Standards.
7. Can I claim compensation for inconvenience caused by damage?
   Yes, you can request compensation if the damage causes significant disruption. Consequential loss must be provable for compensation.
   Example: If a Bosch fridge delivered by AO.com leaks and spoils your groceries, AO.com may need to compensate you for the losses.
8. What happens if a wrong item is delivered?
   The retailer must collect the incorrect item and send the correct one.
   Example: If Nike trainers ordered from JD Sports are sent in the wrong size, JD Sports must correct the error without additional cost to you.
9. Can I keep goods delivered to the wrong address?
   No, you must notify the retailer and arrange a return.
   Example: If you receive a Dyson vacuum meant for someone else, contact the retailer.
10. What if goods are faulty after 30 days?
    You are entitled to a repair or replacement but not necessarily a refund.
    Example: If a Hotpoint fridge stops cooling after 40 days, Currys must offer repair or replacement.
11. Do I need to return goods in original packaging?
    No, it’s not mandatory, though original packaging is preferred.
    Example: If a Philips air fryer from Argos is returned without the box, they must still process your refund.
12. What if an item is damaged after repair?
    Request a replacement or refund if the fault reoccurs.
    Example: If a Bosch dishwasher repaired by AO.com breaks down again, AO.com must replace it or issue a refund.
13. What should I do if goods are delivered late and no longer needed?
    You can cancel the order and request a refund.  For online orders you also have a reflection period of 14 calendar days to change your mind without having to give a reason, known as the ‘cooling-off period’ or ‘cancellation period’.
    Example: If a Sony TV from Amazon arrives after a specific event for which it was ordered, request a return and full refund.
14. Do I have to accept a repair instead of a refund?
    Within 30 days, you can insist on a refund.
    Example: If a Lego set bought from Smyths arrives defective, you can demand a refund instead of accepting a replacement.
15. What happens if a delivery driver causes property damage?
    The retailer or courier is liable for damages.
    Example: If a DFS delivery driver scratches your hardwood floor while delivering a Parker Knoll sofa, DFS must cover the repair costs.
16. What if goods are delivered after I got a refund?
    Legally, you must notify the retailer and either return or repay.
    Example: If Amazon refunds a Fitbit tracker marked as lost but it later arrives, contact Amazon to arrange a resolution.
17. What should I do if I’m charged for a failed delivery attempt?
    Contact the retailer to dispute the charge as it is unfair.
    Example: If ASOS charges you for a delivery attempt you never received, demand a refund for the fee.
18. What if goods arrive broken but the box is intact?
    Report the damage immediately with evidence such as photos.
    Example: If an HP printer from John Lewis arrives cracked but the box is undamaged, the retailer is still responsible.
19. Do I have to accept store credit for returns?
    No, you are entitled to a refund in the original payment method unless you agree otherwise.
    Example: If you return a defective Sony PlayStation 5 to Currys, they cannot insist on store credit unless you agree.
20. What if goods are lost in transit?
    The retailer must replace the goods or issue a refund.
    Example: If a Dell monitor ordered from Very goes missing in delivery, Very must provide a replacement or a refund.

Many long-time PlayStation fans feel frustrated with recurring hardware issues. From the infamous “Yellow Light of Death” on the PS3 to overheating problems with the PS4, and now hardware faults with the PS5, Sony’s consoles have faced various issues that can leave consumers feeling disappointed. When your expensive gaming console fails, it’s essential to know your rights. Here’s a guide on UK consumer rights for dealing with faulty PlayStation consoles, especially for PS5 owners.

Statutory Rights Under UK Law

In the UK, consumers are protected by statutory rights, which are in addition to any warranty Sony provides. For a PlayStation 5 (PS5) that has developed faults, two key pieces of legislation are particularly relevant:

• Consumer Rights Act 2015: Under this Act, goods must be of satisfactory quality, fit for purpose, and as described. A PS5 console should reasonably be expected to perform reliably for a significant period, given its high cost and intended use. If your PS5 is defective, you are entitled to remedies, which may include a repair, replacement, or even a refund, depending on the circumstances.
• Limitation Period: In England and Wales, consumers have up to six years from the purchase date to make a claim for a faulty product (five years in Scotland). This period is based on the assumption that the product, such as a gaming console, should last a reasonable amount of time.

Common PS5 Faults and Consumer Recourse

Initial Faults

If your PS5 shows defects within the first six months of purchase, the law assumes that the fault was present when you bought it. You’re entitled to a repair, replacement, or refund from the retailer, and the burden of proof lies with the seller.

Faults After Six Months

If your PS5 develops faults after the six-month mark, you may need to prove that the console was inherently faulty when you bought it. A reputable repair shop can provide an engineer’s report as evidence. The retailer may reimburse you for the report’s cost if it confirms the defect.

Persistent Defects

Many PS5 owners have reported hardware issues like overheating and CPU failures. If similar faults keep occurring, you could argue that the console isn’t of satisfactory quality. In such cases, the retailer may be obliged to replace or repair the console even if it’s outside Sony’s warranty period.

Dealing with Retailers and Sony

Your contract of sale is with the retailer, not Sony, so start by contacting the retailer where you purchased the console. Explain the issue, referencing the Consumer Rights Act if necessary, and request a suitable remedy. Be firm but polite, and document all correspondence.

When Sony’s Warranty Expires

If Sony’s standard one-year warranty period has passed, some retailers may still try to dismiss your claim. However, your statutory rights remain in place, so remind the retailer that you’re seeking redress under the Consumer Rights Act, not under warranty terms.

Sample Letter for Claiming Repairs or Refunds

If you’re struggling to get a satisfactory response, consider using the following template:

[Your Name]
[Your Address]
[Date]

Dear [Retailer’s Name],

On [date of purchase], I bought a Sony PlayStation 5 from your store for £[amount]. The console is now exhibiting [describe fault, e.g., “overheating” or “CPU short-circuiting”].

I believe this fault renders the product not of satisfactory quality under the Consumer Rights Act 2015, which grants me the right to a repair, replacement, or refund. Please arrange for my PS5 to be repaired or replaced within 14 days, or issue a refund of £[amount].

Kind regards,
[Your Name]

Small Claims Court as a Last Resort

If the retailer refuses to repair, replace, or refund your defective PS5, you have the option to escalate the issue by taking them to a Small Claims Court. This is a relatively straightforward process, especially for claims under £10,000, and you can represent yourself. However, prepare documentation, such as proof of purchase and any reports on the console’s defect, to support your case.

Additional Protection with Credit Card Purchases

If you bought the PS5 with a credit card, the credit card provider is jointly liable for any breach of contract under Section 75 of the Consumer Credit Act. This means you could also seek a refund or repair through your credit card company if the retailer fails to address your claim.

When Is It Reasonable to Expect a Replacement?

Given the high cost and advanced technology of a PS5, it is reasonable to expect it to function well for several years. If your console breaks down due to defects, particularly within the first few years, you have grounds to demand a resolution without additional costs.

Conclusion

While Sony’s PlayStation consoles are popular worldwide, their frequent hardware issues can be a major source of frustration. However, UK consumers have strong legal protections that entitle them to redress when products are not up to standard. Whether you’re dealing with a PS5 or any other electronic item, understanding your rights is the first step in ensuring you’re not left out of pocket due to faulty goods.

Armed with this knowledge, you can hold retailers accountable and demand fair treatment for your purchases.

Top 10 FAQs on Faulty PlayStation 5 Rights and Consumer Protection

1. What should I do if my PlayStation 5 has a defect?

If your PS5 develops a fault, start by contacting the retailer where you purchased it, as your contract is with them, not Sony. Under the Consumer Rights Act 2015, you may be entitled to a repair, replacement, or refund, depending on the situation and timing.

2. How long do I have to make a claim for a faulty PS5?

In England and Wales, you have up to six years to make a claim for a faulty product, while in Scotland, the limit is five years. This period is based on the reasonable life expectancy of the product.

3. Does the warranty affect my statutory rights?

No, your statutory rights under the Consumer Rights Act 2015 are separate from any warranty. Even if the Sony warranty expires, you may still have rights to repair or replacement from the retailer.

4. What are my rights if my PS5 stops working within the first six months?

If the fault appears within the first six months, it is assumed to be a manufacturing defect, and the retailer must prove otherwise. You’re entitled to a repair, replacement, or full refund.

5. What if my PS5 breaks down after six months?

After six months, you may need to provide evidence that the fault was present when you purchased it. An independent engineer’s report can help establish that the fault was inherent from the start.

6. Can I get a replacement instead of a repair?

Yes, if the fault is significant and a repair isn’t suitable, you can ask for a replacement. If a replacement isn’t available, you may be entitled to a partial refund based on how long you’ve used the product.

7. What if the retailer won’t help with my faulty PS5?

If the retailer refuses to address the issue, consider taking your case to the Small Claims Court. Be sure to document all correspondence, evidence of purchase, and any expert reports to strengthen your case.

8. Can I claim through my credit card provider?

If you paid with a credit card, Section 75 of the Consumer Credit Act makes the credit card provider jointly liable for breaches of contract. Contact your provider if the retailer is uncooperative.

9. Do I need an engineer’s report for every claim?

An engineer’s report is generally only required after six months from purchase. It helps prove that the fault was not caused by misuse but was likely a manufacturing defect.

10. What can I expect from a successful claim?

If your claim is successful, you should receive a repair, replacement, or partial refund. The outcome will depend on how long you’ve owned the console and the nature of the fault.

Top 10 Common PS5 Faults and How to Fix Them

While some PS5 faults can be managed with a simple fix, others may require professional repair or, in certain cases, be grounds for a consumer rights claim if they result from manufacturing defects. Here’s a look at the most common issues, tips for troubleshooting, and guidance on when to consider making a claim.

1. PS5 Won’t Power On

This issue often relates to power supply problems. Ensure the power cable is securely connected, try a different power outlet, and check for power surges or loose connections. If it still won’t turn on, you may need to contact Sony for a repair.
Consumer Rights Claim: If your PS5 fails to power on within a few years from purchase due to a defect, this could be grounds for a claim under consumer rights.

2. System Freezes or Crashes

Often caused by overheating or software issues. Ensure the console is well-ventilated and update to the latest software version. If the issue persists, try rebuilding the database in Safe Mode.
Consumer Rights Claim: Regular freezing due to internal hardware defects may be claimable, especially if it started in the first six months..

3. PS5 Overheating

Place the console in a well-ventilated area, avoid using it on soft surfaces, and regularly clean the vents. Persistent overheating may indicate an internal fault.
Consumer Rights Claim: Extreme or frequent overheating that leads to damage might justify a claim, particularly if it began within the first six months of ownership as it would be deemed to be present at the time of purchase of your console.

4. Controller Drift

Joystick drift occurs when the controller registers movement even when untouched. Use compressed air to clean around the joystick or recalibrate in the settings.
Consumer Rights Claim: If controller drift appears early, it can likely be claimed under warranty or consumer rights, as this is a known defect..

5. Disc Drive Not Accepting Discs

If the PS5 disc drive won’t accept discs, try restarting the console and checking for foreign objects inside.
Consumer Rights Claim: Faulty disc drives are covered under your consumer rights.

6. Games Won’t Download or Install

This can result from network issues or corrupt downloads. Restart the console and check for software updates. For ongoing problems, clear the cache by rebuilding the database in Safe Mode.
Consumer Rights Claim: Persistent issues with the storage or download functions due to hardware faults may be claimable.

7. Slow Performance or Lag

Frequent slowdowns can indicate that the PS5’s database needs rebuilding. Enter Safe Mode and select “Rebuild Database” to improve performance.
Consumer Rights Claim: Performance lags due to hardware defects may justify a claim.

8. Wi-Fi Connection Issues

For Wi-Fi connectivity problems, try moving the console closer to the router, restart both devices, and make sure the network password is correct.
Consumer Rights Claim: If faulty Wi-Fi hardware affects functionality, this may be eligible for a claim.

9. USB Ports Not Working

If a USB port fails, try plugging your device into another port. Restart the console and check for system updates.
Consumer Rights Claim: Faulty USB ports on a new PS5 console may be grounds for a consumer rights claim.

10. Storage Expansion Issues

PS5 users may encounter issues when adding an SSD. Ensure the SSD meets Sony’s compatibility requirements, update the PS5 firmware, and carefully follow installation instructions.
Consumer Rights Claim: If the PS5 cannot support officially compatible SSDs, this could be a consumer rights issue, though these faults are less common.

Why Premium HDMI Cables Are a Waste of Money

Back in the days of analogue, the quality of your audio or video cable made a noticeable difference in picture and sound. A well-made analogue cable could reduce interference and ensure clearer transmission. Fast forward to the digital age, and HDMI cables have become the go-to choice for connecting devices like TVs, gaming consoles, and Blu-ray players. However, with HDMI, it’s a whole new story: unlike analogue, the technology used in digital interconnects either works perfectly or doesn’t work at all. There’s no “in-between” where an expensive cable will outperform a cheaper one. Despite this, retailers continue to push premium HDMI cables with high price tags – often benefiting from customers’ misunderstanding of the actual value of these products.

How HDMI Signals Work: Why Price Doesn’t Affect Performance

HDMI cables carry digital signals, which are made up of ones and zeros. Unlike analogue signals, which degrade over distance and can be affected by interference, digital signals are binary. This means that for an HDMI cable, it either transmits the data correctly, or it doesn’t. A low-cost HDMI cable will deliver the same picture and sound quality as a high-end one, provided it meets the basic standards for signal transmission. If there’s an issue with a digital signal, it typically results in obvious issues like pixelation, loss of audio, or a blank screen – not minor dips in quality.

Why Retailers Push Expensive HDMI Cables

For retailers, the profit margins on big-ticket items like TVs and game consoles are surprisingly slim. To make up for these low margins, they rely heavily on add-ons like HDMI cables and other accessories. The mark-up on these items can be significant, often reaching 80%, making premium cables a substantial profit centre. Sales staff, sometimes incentivised by commissions, are trained to encourage customers to buy more expensive cables, often by convincing them that the higher price equates to a better product.

Moreover, many customers walk into electronics stores without fully understanding the differences between cable types. Retailers can take advantage of this by suggesting that a cheap HDMI cable might “downgrade” the quality of their new 4K TV or premium audio system. This tactic plays into the common consumer assumption that a higher price means better quality, which is not the case for HDMI cables.

Do Different Types of HDMI Cables Matter?

While price doesn’t affect the performance of a standard HDMI cable, there are a few different types worth understanding to ensure compatibility with modern devices. For example:

Standard HDMI Cables

are designed for earlier HDMI versions and are adequate for HD resolution but may not support newer formats.

High-Speed HDMI Cables

support 1080p and 4K video at 30Hz, which is more than enough for most applications. These are compatible with the vast majority of devices, making them a safe choice for almost any modern setup.

Premium High-Speed HDMI Cables

support 4K video at 60Hz with High Dynamic Range (HDR), making them ideal for high-definition TVs and gaming consoles, but this quality is still found in affordable versions.

Ultra High-Speed HDMI Cables

are certified to handle 8K video and the latest HDMI 2.1 features, including faster refresh rates, so these are useful if you’re planning on future-proofing a home theatre setup. However, even ultra high-speed HDMI cables don’t need to break the bank.

For most consumers, a high-speed HDMI cable will cover all needs and can easily be found at low prices. Unless you’re dealing with very specific setups like 8K video or need to transmit data over unusually long distances, there’s rarely a need to pay a premium.

When Should You Pay More?

There are a few situations where paying a bit more may be warranted – but this has more to do with durability than quality. In cases where the HDMI cable will be frequently unplugged and replugged, a more robustly built cable with good connectors can be worth it. However, durability doesn’t require a major mark-up, so be wary of overly high prices in this case as well.

How to Make Smart Choices for HDMI Cables

In most cases, a simple online search for “high-speed HDMI cable” from a reputable retailer will yield reliable results for a fraction of the price of in-store options. Many brands, including Amazon Basics, provide high-speed cables at a fraction of the cost of “premium” cables found in electronics stores. Checking customer reviews and ensuring that the cable is certified for high-speed or premium high-speed standards will help ensure compatibility with most setups.

In short, don’t let the glossy packaging and sales tactics convince you otherwise. A standard or high-speed HDMI cable will often do the job just as well as any costly alternative.

Top 10 FAQs About HDMI Cables

1. Does an expensive HDMI cable improve picture and sound quality?

No, with digital HDMI cables, the price does not impact picture or sound quality. HDMI cables transmit a digital signal that either works perfectly or doesn’t work at all. As long as the cable meets the HDMI standard for your device, a less expensive cable will provide the same quality as a high-priced one.

2. Do I need a high-speed HDMI cable for 4K resolution?

Yes, to transmit 4K resolution, you need a high-speed HDMI cable. These cables are designed to handle higher data rates required for 4K video. However, there’s no need to pay extra – many affordable high-speed HDMI cables will work perfectly with 4K devices.

3. What’s the difference between a standard HDMI cable and a high-speed HDMI cable?

A standard HDMI cable supports up to 1080i resolution, while a high-speed HDMI cable supports 1080p, 4K, HDR, and other advanced features. For most modern TVs and devices, a high-speed HDMI cable is recommended to ensure compatibility.

4. Will a more expensive HDMI cable last longer?

More expensive cables sometimes have sturdier connectors or better shielding, which can improve durability. However, a higher price doesn’t necessarily mean it will last longer. A well-reviewed, reasonably priced cable should last just as long under normal use.

5. Do gold-plated HDMI cables make a difference?

Gold plating on HDMI connectors can help prevent corrosion over time, but it does not improve signal quality. It’s generally a minor feature, so it’s unnecessary to pay extra for gold-plated connectors unless your HDMI cable will be in a humid or highly corrosive environment.

6. Are there different versions of HDMI cables?

Yes, HDMI standards evolve, and newer versions support advanced features. For example, HDMI 2.0 supports 4K at 60Hz, and HDMI 2.1 supports 8K and higher refresh rates. It’s worth checking your device requirements, but an affordable HDMI 2.0 or 2.1 cable is available for most needs.

7. Does cable length affect HDMI signal quality?

HDMI signal quality can degrade over longer distances, especially beyond 10 metres. For distances over this, you may need a cable with built-in amplification or an active HDMI cable to maintain signal strength.

8. Is there a difference between HDMI cables bought online and in-store?

Not in terms of performance, provided they meet the HDMI standards. Buying online often offers more affordable options with the same functionality. Many online retailers provide certified high-speed HDMI cables at lower prices than traditional retail stores.

9. Can a damaged HDMI cable harm my device?

Generally, a damaged HDMI cable may cause connectivity issues, like flickering or loss of signal, but it should not harm your device. However, visibly frayed or broken cables should be replaced to prevent any potential electrical issues.

10. How can I tell if an HDMI cable is faulty?

Typical signs of a faulty HDMI cable include picture dropouts, pixelation, audio cut-outs, or no display signal. If these issues occur, testing with another HDMI cable is the easiest way to determine if the cable is the problem.

When you hire someone for a job, you expect quality work, not a disaster. But what happens when you’re left with a mess, or a job that’s barely half done? Do you have to pay, or can you hold back until the work meets the mark? In the UK, consumer law offers protections when work falls short, but the rules depend on your contract, the payment terms, and the nature of the work itself. Whether you’re dealing with subpar craftsmanship or an unfinished project, understanding your rights can help you navigate tricky situations and ensure you’re only paying for what’s truly delivered.

The Work is Half Done

Contracts for Work and Materials often involve incorporating goods into other goods, property, or land. This means you cannot simply get your money back and return to the position you were in before the work started. The question is whether the contract is severable, which depends on what work you’re having done and the payment plan you agreed upon. If the finished item is presented, can you refuse to pay and not give them the chance to fix it? This might be unreasonable. If you plan to cite a breach of contract due to a lack of reasonable care and skill, you must clearly reject the finished work. If you accept it, you may still have to pay part or all of the agreed price.

Work Done in Phases?

For example, if you’re having a conservatory built in four phases with instalment payments, and the work is substandard after the second phase, you can sever the contract and ask the builder not to return. You can pursue damages for any losses, including the cost of fixing the poor workmanship. If the builder offers to redo the work, you should accept as long as it can be completed in a reasonable time. However, if you’ve lost complete faith in the builders, it’s reasonable to refuse them further access, but you’ll need solid grounds for such a claim. Keep a diary and take photos of ongoing work to have evidence if a dispute arises. Always choose tradesmen who are accredited by a trade body that offers dispute resolution services, as this is often cheaper and faster than litigation.

You’ve Already Paid in Full

If you’ve paid the full amount before the work is completed and then find the quality lacking, you still have rights. Under the Consumer Rights Act 2015, services must be performed with reasonable care and skill. Even if you’ve settled the invoice, you can still request that the contractor rectify the substandard work at no additional cost. If they refuse or fail to meet reasonable standards, you may be entitled to a refund for the portion of the work that is unsatisfactory. In extreme cases, you may also pursue compensation for any additional costs incurred to have the job completed or fixed by another contractor.

FAQ: Frequently Asked Questions about Bad Workmanship

If you have experienced problems buying a sofa or having one upholstered, then you are not alone. Complaints relating to sofas feature significantly in Consumer Direct’s top ten and the problem shows no sign of improving. So what do you need to watch out for and what are your rights?

Cooling off?

Buying a sofa is a big commitment, particularly if you have signed a credit agreement to spread the cost over several years. The first thing to be aware of is that any contract you make in-store will be legally binding from the moment you sign. You cannot simply wander back in the next day and tell them you’ve changed your mind. Cooling off rights only apply where you have bought the item by mail order – over the phone, or via the internet. And even then, it does not apply where sofas have been made to order – which is often the case.

Ordering and delivery

An approximate lead time will be given in your order. Although this is not legally binding, it shouldn’t take much longer than this. If you are experiencing what you would consider to be an unreasonable delay, you can make ‘time of the essence’ by writing to them, requesting they fulfil their contractual obligations within a specific time period (14 days), otherwise you will end the contract and request the return of any sums already paid. As any sofa retailer will tell you, they cannot be held responsible if the unit is too big for the room, won’t fit through the door or up the stairs. Neither will they be liable for the cost of removing windows etc and are within their rights to charge an additional fee if they have to take it away again. It may seem like an obvious point, but the number of people who do not measure the doorframe in relation to the sofa is quite astonishing. Similarly, those in three-storey homes with a first floor lounge, should make additional allowances for a winding staircase.

How long should a sofa last?

Your consumer rights

Any sofa you buy should be of satisfactory quality, fit for the purposes specified and as described. Therefore, if it is described as leather, that’s exactly what it should be. If it described as a particular colour or fabric, it should not differ widely from this. If it a sofa-bed, it should function as a bed as well as a sofa. It should also remain in good condition for a reasonable length of time without sagging, coming apart, or deterioration to the fabric.  Just because you have had the sofa for some time, this does not prevent you from making a complaint on the basis of premature or excessive wear and tear. If you are making a complaint, the retailer will always be your first and only port of call, and not the manufacturer. Retailers may also try to tell you that there is nothing they can do because you are outside your warranty period, or because you don’t have one. A warranty is irrelevant where quality and durability are concerned, and you have the right to a remedy under Sale of Goods.

The trader’s obligations

If the sofa which has been delivered is damaged, of poor quality, unfit for purpose or not as described, you have the right to reject it and claim a refund. However, where a repair is feasible, you must allow the trader the opportunity to do this in the first instance. The trader must cover the costs of the repair (including collection and re-delivery) and must not take too long.  If a repair cannot be carried out, or has been poorly carried out, if it has taken an unreasonable length of time, or if you have experienced significant inconvenience, you are then within your rights to request a replacement. If neither a repair or a replacement can be effected, you can then ask for a discount on the purchase price or your money back.

 

Top ten questions about buying a sofa in the UK and your consumer rights

1. Do I have a cooling-off period when buying a sofa in-store?
No, cooling-off rights only apply to purchases made online, by phone, or through other distance selling methods. In-store purchases are legally binding from the moment you sign the contract.

2. What can I do if the delivery of my sofa is delayed beyond the promised date?
If the delay is unreasonable, you can write to the retailer to make “time of the essence,” giving them a specific timeframe (e.g., 14 days) to deliver the sofa. If they fail to meet this deadline, you can cancel the contract and request a refund.

3. What if the sofa I ordered doesn’t fit through my door or up my stairs?
The retailer is not responsible if the sofa doesn’t fit in your home. You should measure doorframes and staircases before purchasing. The retailer may charge a fee if the sofa needs to be taken away.

4. What are my rights if the sofa I ordered is damaged or not as described?
You can reject the sofa and ask for a refund if it is damaged, of poor quality, or not as described. However, the retailer has the right to offer a repair in the first instance, at their cost, including collection and redelivery.

5. Can I return the sofa if I change my mind after delivery?
If you purchased the sofa in-store, you do not have the right to return it simply because you changed your mind. For online or phone orders, you have a 14-day cooling-off period, but this may not apply if the sofa was made to order.

6. What if my sofa starts sagging or wearing out sooner than expected?
Your sofa must remain in good condition for a reasonable amount of time, depending on its price and description. If it shows signs of premature wear or deterioration, you may be entitled to a repair, replacement, or refund under the Consumer Rights Act.

7. Is my warranty relevant if I have an issue with the quality of my sofa?
No, your rights under the Consumer Rights Act are separate from any warranty. You are entitled to a remedy for faulty goods, even if your warranty has expired, based on the sofa’s quality and durability.

8. Who is responsible for fixing a fault with my sofa—the retailer or the manufacturer?
The retailer is responsible for handling complaints and providing a remedy. You should not be directed to the manufacturer.

9. Can I request a replacement if the sofa cannot be repaired?
Yes, if the sofa cannot be repaired, if repairs are delayed, or if they cause significant inconvenience, you can request a replacement. If neither repair nor replacement is possible, you can ask for a partial refund or full refund.

10. What should I do if the retailer refuses to address my complaint?
If the retailer refuses to resolve your complaint, you can escalate the issue to trading standards, seek advice from Citizens Advice, or consider legal action, such as filing a small claims court case.